What is the meaning of the phrase "prosecuting witness"?
California, United States of America
The following excerpt is from People v. Kabonic, 177 Cal.App.3d 487, 223 Cal.Rptr. 41 (Cal. App. 1986):
This definition is consistent with the more commonly used, if not more restrictive, meaning for the phrase. However, at least one court has concluded that the phrase "prosecuting witness" as used in section 868 refers to both a victim who is a witness and a witness for the prosecution who is neither the victim nor the complainant. (Ortega v. Superior Court (1982) 135 Cal.App.3d 244, 252, 185 Cal.Rptr. 297.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing the prosecution's reasonable diligence in locating a missing witness so that it can use that witness's preliminary hearing testimony, does the prosecution need to conduct a "twofold inquiry"? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
When a plea agreement includes a plea bargain, does the prosecution need to express the prosecution's belief that the witness would testify to certain facts? (California, United States of America)
Does the jury's decision to acquit Wash of burglary and dissuading a witness mean that the jury did not categorically accept all of the prosecution's evidence and reject all the defense evidence? (California, United States of America)
In what circumstances will the prosecution of a witness in a criminal case involving compelled testimony differ from the prosecution related to matters about which he testified? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Does the prosecution have a duty to obtain the witness in order to introduce the witness at trial? (California, United States of America)
Is the prosecution required to accept a stipulation requiring the prosecution to present their case in a witness statement? (California, United States of America)
